Document Type
Article
Publication Date
1989
Abstract
In this foundational article, William S. Jordan III critically assesses the evolving judicial application of Chevron U.S.A., Inc. v. Natural Resources Defense Council, arguing that the initial consensus surrounding Chevron deference has fractured due to political and ideological considerations within the judiciary. Jordan explores how lower courts and the Supreme Court have inconsistently applied the Chevron framework, often modifying or avoiding its steps in ways that reflect the judges’ policy preferences rather than principled doctrine. The article contends that the supposed clarity and neutrality of Chevron masked deeper tensions over institutional roles, the administrative state's legitimacy, and the politicization of judicial review. Jordan ultimately questions whether Chevron can continue to serve as a coherent guide for administrative law or whether a more flexible, context-sensitive approach to deference is inevitable.
Publication Title
Nebraska Law Review
Volume
68
First Page
454
Recommended Citation
Jordan III, William S., "Deference Revisited: Politics as a Determinant of Deference Doctrine and The End of the Apparent Chevron Consensus" (1989). Akron Law Faculty Publications. 458.
https://ideaexchange.uakron.edu/ua_law_publications/458